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Pertinent Information to Discuss with Your Estate Planning and Trust Attorney During an Orlando, Florida Divorce

There was an excellent article in THE FLORIDA BAR JOURNAL/JANUARY/FEBRUARY 2023 titled “Estate Planning Issues in a Divorce Situation II: An Update and Standing Orders” by S. Dresden Brunner and Donna J. Marshall. The authors discuss how some courts automatically issue temporary standing orders that preclude certain actions during the pendency of the dissolution of marriage action. 

Standing Orders in Dissolution of Marriage Cases

In the Central Florida area, Orange, Seminole, and Volusia Counties have such Administrative Orders. Those orders are usually served on the Respondent along with the Summons in the dissolution of marriage case. These administrative orders preclude certain actions during the pendency of the case. The  article mentioned above goes on to say that during the pendency of the divorce, the order may preclude changes to beneficiary designation of retirement plan or life insurance policy where the spouse was designated as the beneficiary prior to the filing of the dissolution action. 

After the final judgment of dissolution, a party is free to make changes, subject to the court order. According to the authors, one party to the dissolution may seek a court order precluding the other party from modifying his or her estate planning documents to remove the soon-to-be former spouse. The article states that the underlying assumption of such orders is that both parties will outlive the dissolution action. However, as sometimes occurs, one of the spouses dies while the parties are still legally married. 

Determining Property Rights

The authors raise a critical point, that divorce clients need to evaluate and discuss with their Estate Planning and Trust Attorney as to whether an automatic temporary standing order, as well as an order entered upon a party’s motion, which halts all estate planning type actions, may impose an unreasonable restriction on a property owner’s right to dispose of property by will. 

According to the article, the Florida Supreme Court has stated that the right to devise property, including testamentary disposition of property, is a property right protected by the Fla. Const. art. I , section 2. Acknowledging that the property right is not absolute, the court held the right to be subject to the fair exercise of the power inherent in the state to promote general welfare of the people through regulations that are reasonably necessary to secure the health, safety, good order, and general welfare. 

The authors address many good points to contemplate, discuss with your Estate Planning and Trust Attorney, and to defend accusations, if one spouse accuses another spouse of violating the standing administrative family law order in a dissolution of marriage case. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.

This article is for informational purposes only and does not form an attorney client privilege.